Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010191202025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/2043/2025 PRABIR DUTTA S/O LATE SACHINDRA DUTTA R/O COLLEGE ROAD, KRISHNANAGAR, P.O. AND P.S. HOJAI, DIST. HOJAI, ASSAM, PIN-782435 VERSUS THE STATE OF ASSAM REP. BY THE PP, ASSAM Advocate for the Petitioner : MR. N B P SINGHA, Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PRANJAL DAS ORDER 09.09.2025
1. Heard Mr. N.B. P. Singha, learned counsel appearing for the accused petitioners as well as Mr. K. Baishya, learned Addl. P.P., Assam appearing for the State respondent.
2. The petitioner has preferred this bail application upon apprehension of arrest though at the time of filing he could not specify the details thereof. Accordingly, a report was called for and is placed before the court with the
Page No.# 2/2 submission of the learned Additional Public Prosecutor that it was received by electronic mode through WhatsApp.
3. In the said report, it is stated that after checking available PS record, no case was found registered in 2025 against Prabir Dutta at the Hojai police station.
4. The learned petitioner counsel drawing my attention to Annexure-4 of the bail petition, submits that the said undertaking given in the documents about return of money was executed from him at the police station upon pressure. It is further submitted that perhaps an FIR was filed against him and that the report might have concealed the same.
5. Nevertheless, since the police authority has clearly stated in writing about non existence of any police case in the police station; therefore, at the moment, the apprehension of arrest of the petitioner is baseless and hence, the pre- arrest bail application would not be maintainable as of now.
6. Needless to say, that if there is any subsequent developments giving rise to a bona fide basis for such apprehension of arrest, the petitioner would be at liberty to take recourse to the options provided by law.
7. The bail petition stands disposed of on the aforesaid terms.
8. Copy of the communication be kept in record.
JUDGE Comparing Assistant